Madras High CourtCRL OP(MD)/4514/2020allowed

K.Ravi Kumar v. The Inspector Of Police

2020-03-13Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4514 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4514 of 2020 K.Ravikumar ... Petitioner / Accused No.2 Vs The State rep. by The Inspector of Police, B1 Town Police Station, Ramanathapuram, Ramanthapuram District.

(Crime No.44 of 2010) ... Respondent / Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Judicial Magistrate No.I, Ramanathapuram, to recall the non bailable warrant dated 26.09.2019 issued in C.C.No.69 of 2010, on the file of the learned Judicial Magistrate No.I, Ramanathapuram on the same day of filing petition under Section 70

(2) of Cr.P.C.

For Petitioner : Mr.C.Senthil Murugan For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side).

2.The petitioner is facing trial in C.C.No.69 of 2010 on the file of the Judicial Magistrate No.I, Ramanathapuram, for the offences under Section 341, 294(b), 323, 324 and 506(ii) of IPC. Non bailable warrant was issued against him on 26.09.2019. 3.The petitioner's counsel states that the next hearing date is 20.03.2020.

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Crl.O.P.(MD)No.4514 of 2020

4. The petitioner through his counsel gives an undertaking that he will appear before the Court below in all the future hearings without any default. If he is unable to appear, his counsel will represent him and file an application under Section 317 of Cr.P.C. On account of the petitioner's absence, trial will not be stalled. If this undertaking is breached, the order now passed will stand vacated automatically and the petitioner will be remanded to custody.

5. Recording the said undertaking given by the petitioner through his counsel, the petitioner is directed to appear before the Court below on 20.03.2020 and apply for recall of warrant. On such application being filed, the Court below shall recall the warrant at the end of the day. Non Bailable Warrant shall be kept in abeyance till then.

6. The Criminal Original petition stands disposed of, on these terms.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Judicial Magistrate No.I, Ramanathapuram, 2.The Inspector of Police, B1 Town Police Station, Ramanathapuram, Ramanthapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-11555[F] Crl.O.P(MD)No.4514 of 2020 13.03.2020 rmi SDS (16.03.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/4